Day 119 - 02 May 95 - Page 07

     
     1        should make a list of the videos upon which they rely.
     2
     3   MR. MORRIS:  I cannot remember how long it is.  I think it is 45
     4        minutes.  I think the best thing would be to run it all the
     5        way through.  I do not know if Mr. Nicholson wants to make
     6        notes at all or we just ask questions.
     7
     8   MR. JUSTICE BELL:  Have you planned the questions you want to
     9        ask him about it?
    10
    11   MR. MORRIS:  I want to ask him if there is anything there which
    12        he sees in the actual working conditions, that are viewed
    13        on the screen, that he would be concerned about if they
    14        were happening at the stores.
    15
    16   MR. RAMPTON:  My Lord, one problem we have is there is no date.
    17        Miss Tobin says that she worked at, I think, two stores in
    18        the Strand and Croydon, but she gives no date for it in her
    19        statement, Maybe we will get an approximate date from this
    20        film.  It would be helpful if we were told an approximate
         date.
    22
    23   MR. MORRIS:  We will just check that.
    24
    25   MR. JUSTICE BELL:  It seems to me you might break this down into
    26        considerations.  I think you have missed out the first lap
    27        of the course, when you say:  "Are there any matters which
    28        he would be uneasy about if they happened?"  The first
    29        thing is to decide what he has actually seen and what he
    30        has not seen which might approximate to whatever is shown
    31        on the film, then the matter you have just raised.  But
    32        most important of all, it is not entirely satisfactory just
    33        to ask general questions of that kind.  You have to help
    34        the witness to some extent by directing him at what you
    35        particularly have in mind.  For instance, a little while
    36        ago you asked whether Mr. Nicholson could think of
    37        something which improved working conditions in the stores.
    38        He said that he could not remember off the top of his
    39        head.  Put that way, it does not necessarily mean there was
    40        nothing.  What it strictly means is he cannot remember
         anything now.
    42
    43        So if you have some particular thing you want to direct his
    44        attention to when you come to question him, actually put it
    45        to him, do you understand?
    46
    47   MR. MORRIS:  Yes.
    48
    49   MR. JUSTICE BELL:  I do not want to talk in generalities before
    50        one has actually seen the film, but you must have in your 
    51        mind practices which you say are shown on the film which 
    52        you would wish to argue are unsatisfactory.  So, at the end 
    53        of the day, rather than asking him a broad question I think
    54        you have to put it to him:  "Have you ever seen such and
    55        such happen as was shown on the film?"  You get a "yes" or
    56        "no" answer and then ask him, by all means, what his view
    57        as Head of Personnel is.  But you have to focus him on
    58        those things.  Do your best to do that.
    59
    60   MR. MORRIS:  Yes.